- Ms KS v Mr AM 2018 (1) SACR 240 (GJ)
Section 7(1) and (2) of the Domestic Violence Act 116 of 1998 provides as follows:
“7. Court’s powers in respect of protection order
(1) The court may, by means of a protection order referred to in section 5 or 6 [of Act 116 of 1998], prohibit the respondent from -
(a) committing any act of domestic violence;
(b) enlisting the help of another person to commit any such act;
(c) entering a residence shared by the complainant and the respondent: provided that the court may impose this prohibition only if it appears to be in the best interests of the complainant;
(d) entering a specified part of such a shared residence;
(e) entering the complainant’s residence;
(f) entering the complainant’s place of employment;
(g) preventing the complainant who ordinarily lives or lived in a shared residence as contemplated in subparagraph (c) supra] from entering or remaining in the shared residence or a specified part of the shared residence; or
(h) committing any other act as specified in the protection order.
(2) The court may impose any additional conditions which it deems reasonably necessary to protect and provide for the safety, health or well-being of the complainant, including an order -
(a) to seize any arm or dangerous weapon in the possession or under the control of the respondent, as contemplated in section 9 [of Act 116 of 1998]; and
(b) that a peace officer must accompany the complainant to a specified place to assist with arrangements regarding the collection of personal property.”
(Particulars in square brackets inserted by Pollex.)
Note that in what follows now, the “complainant” is Ms KS and the “respondent” is Mr AM.
Ms KS and Mr AM had an intimate relationship which began after they met during May 2014. During January 2015 Ms KS came to know that Mr AM was in fact a married man. After an uninvited visit by the wife of Mr AM and two of her friends to Ms KS, the latter terminated her relationship with Mr AM.
Mr AM, however, refused to accept the termination of the relationship by Ms KS. Mr AM then started to make telephonic threats to Ms KS and through text messages. Mr AM also created a Facebook account during July 2015, by which he befriended Ms KS’s friends and sent text messages of a defamatory nature about Ms KS.